Special Freeholding of Leases Act 1991 (Qld)

Queensland SPECIAL FREEHOLDING OF LEASES ACT 1991 Reprinted as in force on 1 October 1992 (Act not amended up to this date) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 1 October 1992. The opportunity has been taken, under section 7 of the Reprints Act 1992 , to do the following— • omit the enacting words as permitted by section 7(1)(a) of that Act; • use expressions consistent with current legislative drafting practice as permitted by section 29 of that Act; • use aspects of format and printing style consistent with current legislative drafting practice as permitted by section 35 of that Act; • use the numbering and renumbering of provisions and references permitted by section 43 of that Act. Also see Endnotes for— • details about when provisions commenced; and • any provisions that have not commenced and are not incorporated in the reprint.

Queensland SPECIAL FREEHOLDING OF LEASES ACT 1991 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Application to freehold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Application of Mining Titles Freeholding Act . . . . . . . . . . . . . . . . . . . . . . . 6 7 Application of other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 References to Minister and officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ENDNOTES 1 Index to Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 8 3 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

3 Special Freeholding of Leases Act 1991 SPECIAL FREEHOLDING OF LEASES ACT 1991 [reprinted as in force on 1 October 1992 2 ] An Act to standardise the freeholding under the MiningTitlesFreeholding Act 1980 of certain leases under the Land Act 1962 , the State Housing Act 1945 and the Miners’ Homestead Leases Act 1913 ˙ Short title 1. This Act may be cited as the Special Freeholding of Leases Act 1991 3–4 . ˙ Commencement 2. This Act commences on a day to be fixed by proclamation. ˙ Definitions 3. In this Act— “Commission” has the meaning given by section 4 of the State HousingAct 1945 ; “Director-General” means the person appointed as Director-General of the department administered by the Minister administering the Land Act 1962 ; “lease” means a lease referred to in section 4; “lessee” means a registered lessee of a lease referred to in section 4;

4 Special Freeholding of Leases Act 1991 “relevant authority” means— (a) in the case of a lease mentioned in section 4(1)(a)—the Commission; or (b) in the case of a lease mentioned in section 4(1)(b)—the Director-General. ˙ Application of Act 4.(1) This Act applies to— (a) a perpetual town lease or a perpetual suburban lease that may be converted under section 4 of the State Housing (Freeholding ofLand) Act 1957 ; and (b) a perpetual town lease (non-competitive lease), a perpetual suburban lease (non-competitive lease), a perpetual country lease (non-competitive lease) and a special lease under the Land Act 1962 ; if the lease— (c) existed before 25 March 1991; and (d) is in an area referred to in subsections (2), (2A) and (2B); and (e) is registered in the name of a person referred to in subsection (3); and (f) is used for residential purposes; and (g) does not exceed 4047 m 2 . (2) A lease referred to in subsection (1) is to be in an area delineated on plan numbers M469, M471, M472, M473, M474, M475 and M476 in the Department of Lands. (2A) These areas are generally in the vicinity of Mount Isa, Cloncurry, Charters Towers, Collinsville, Scottville, Mount Morgan and Gympie. (2B) Other areas may be prescribed. (3) A lease is to be registered in the name of— (a) an individual; or (b) a person who, or who is trustee for an organisation that, uses the

5 Special Freeholding of Leases Act 1991 land to house Aboriginal people within the meaning of the AboriginalLandAct1991 or Torres Strait Islanders within the meaning of the Torres Strait Islander Land Act 1991 . (4) An area is not to be prescribed for the purposes of subsection (2B) unless— (a) the leasehold tenure in the area is predominantly miner’s homesteads within the meaning of the Miners’ Homestead Leases Act 1913 ; and (b) it contains leases— (i) granted under the State Housing Act 1945 or the Land Act 1962 before 25 March 1991; and (ii) held in the name of a person mentioned in subsection (3); and (iii) used for residential purposes; and (c) in the opinion of the Governor in Council, it is substantially reliant, or has been substantially reliant, on the mining industry. ˙ Application to freehold 5.(1) A lessee of a lease to which this Act applies may apply to the relevant authority to have the lease taken to be a lease for a term of years subject to a covenant entitling the lessee to a deed of grant in fee simple. (2) If the application is granted, the lease is to start on a day determined by the relevant authority. (3) No fees are payable on an application under this section. (4) An application under this section may only be made within 2 years from— (a) the commencement of this section; or (b) in the case of an area prescribed under section 4(2B)—the day the area is prescribed. ˙ Application of Mining Titles Freeholding Act 6. Parts 1 and 3 of the Mining Titles Freeholding Act 1980 apply to an application to freehold a lease as if it were a miner’s homestead perpetual

6 Special Freeholding of Leases Act 1991 ˙ Application of Mining Titles Freeholding Act 6. Parts 1 and 3 of the Mining Titles Freeholding Act 1980 apply to an application to freehold a lease as if it were a miner’s homestead perpetual lease under that Act, except where inconsistent with this Act. ˙ Application of other Acts 7. The Land Act 1962 and the State Housing (Freeholding of Land) Act1957 apply to— (a) the time and place of payment of rent or instalments; and (b) forfeiture for non-payment of rent or instalments; and (c) registration of dealings; and (d) preservation of encumbrances on issue of deed of grant. ˙ References to Minister and officers 8.(1) For the purposes of this Act a reference to the “Minister” in the Mining Titles Freeholding Act 1980 is taken to be a reference to— (a) in the case of a lease mentioned in section 4(1)(a)—the Minister administering the State Housing (Freeholding of Land) Act 1957 ; and (b) in the case of a lease mentioned in section 4(1)(b)—the Minister administering the Land Act 1962 . (2) A reference to the “registrar of miners’ homesteads” in the MiningTitlesFreeholdingAct1980 is taken to be a reference to the relevant authority. ˙ Delegation 9.(1) A Minister may delegate all or any of the Minister’s powers under this Act to any officer of the department. (2) The Commission may delegate all or any of its powers under this Act to any officer of the department administered by the Minister administering the State Housing Act 1945 .

7 Special Freeholding of Leases Act 1991 (3) The Director-General may delegate all or any of the Director- General’s powers under this Act to any officer of the department administered by the Minister administering the Land Act 1962 . ˙ Regulations 10. The Governor in Council may make regulations, not inconsistent with this Act, with respect to any matter that— (a) is required or permitted to be prescribed by this Act; or (b) is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

8 Special Freeholding of Leases Act 1991 ENDNOTES ´ 1 Index to Endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ´ 2 Date to which amendments incorporated This is the day mentioned in section 5(c) of the ReprintsAct1992 . However, no amendments have commenced operation before that day. Future amendments of the Special Freeholding of Leases Act 1991 may be made in accordance with this reprint because of section 49 of the Reprints Act 1992 . ´ 3 List of legislation Special Freeholding of Leases Act 1991 No. 64 date of assent 17 October 1991 ss 1–2 commenced on date of assent remaining provisions commenced 31 December 1991 (1991 SL No. 225) ´ 4 Table of renumbered provisions Original TABLE OF RENUMBERED PROVISIONS under section 43 of Reprints Act 1992 Renumbered as 4(2) (2nd sentence) 4(2) (3rd sentence) 4(2A) 4(2B)